Oct 24, 2013

07:30 AM

Michael Skakel Granted New Trial in 1975 Killing

by The Associated Press

Kennedy cousin Michael Skakel was granted a new trial Wednesday by a Connecticut judge who ruled Skakel’s attorney failed to adequately represent him when he was convicted in 2002 of killing his neighbor in 1975.

The ruling by Judge Thomas Bishop marked a dramatic reversal after years of unsuccessful appeals by Skakel, the 52-year-old nephew of Robert F. Kennedy’s widow, Ethel Kennedy. Skakel is serving 20 years to life.

Bridgeport State’s Attorney John Smriga said prosecutors will appeal the decision.

Skakel’s current attorney, Hubert Santos, said he expects to file a motion for bail Thursday. If a judge approves it, Skakel could then post bond and be released from prison.

Skakel argued his trial attorney, Michael Sherman, was negligent in defending him when he was convicted in the golf club bludgeoning of Martha Moxley when they were 15 in wealthy Greenwich. Santos called the case weak.

Prosecutors contended Sherman’s efforts far exceeded standards and that the verdict was based on compelling evidence against Skakel.

John Moxley, the victim’s brother, said the ruling took him and his family by surprise and they hope the state wins an appeal.

“Having been in the courtroom during the trial, there were a lot of things that Mickey Sherman did very cleverly,” Moxley said about Skakel’s trial lawyer. “But the evidence was against him. And when the evidence is against you, there’s almost nothing you can do.

“I don’t care if it was Perry Mason,” Moxley said. “The state had the evidence. It was his own words and deeds that led to the conviction.”

In his ruling, the judge wrote that defense in such a case requires attention to detail, an energetic investigation and a coherent plan of defense.

“Trial counsel’s failures in each of these areas of representation were significant and, ultimately, fatal to a constitutionally adequate defense,” Thomas wrote. “As a consequence of trial counsel’s failures as stated, the state procured a judgment of conviction that lacks reliability.”